My new boss wants to use the following paragraph in my contract to insist that I be in the office 9 - 6 Mon - Fri, be on call 24/7, and go into the office out of hours regularly (including weekends):

Normal office business hours are 9:00 a.m. to 6:00 p.m. Monday through Friday, although, these hours are subject to change.  As an exempt employee, you will be expected to work additional hours as required by the nature of your work assignments.

As an exempt employee in the state of California what are my legal obligations and do I have any protection against this?

  • What type of work is this? California has some rules about exempt employees that is pretty specific. – Ron Beyer Oct 31 '19 at 15:19
  • Hi @RonBeyer, the official job title in my contract is Office Manager – David Christie Oct 31 '19 at 16:29
  • The bottom line is that exempt employees in CA are truly exempt from a wide range of employment laws. – George White Nov 1 '19 at 19:37

Read it carefully. "Work additional hours as required by the nature of your work assignments".

Does the nature of your work assignments require additional work hours? That's very unlikely. It may be that your boss wants you to do three weeks work in two weeks, but it's not in the nature of your work assignments that they take two weeks. If it's three weeks of work, then it is actually in the nature of your work assignments that it takes three weeks.

It may be in the nature of a work assignment that once it is started it must be finished quickly. For example if you are a plumber, it may very well be that once you start a job and unscrew the first screw, that job must be finished. In that case, you can't go home after 8 hours and leave a job unfinished which could be a major problem for your customer. Are you in a similar situation?

If your company is too tight to hire enough people to do the job, and deadlines will be missed if people work 40 hours a week, that is not in the nature of your work assignment - it's because your company is too tight to hire enough people.

| improve this answer | |
  • I think he or she is asking if the company can legally enforce overtime without extra pay. – Putvi Nov 1 '19 at 19:58

As an exempt employee you would be working until the job is done and receive a salary. You would not be paid by the hour, so extra hours would not make a difference in pay.


| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.